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It not, to take that step? if so, is it the president's impression that he now has kind of an insulating layer of protection with a friendlier acting ag? >> i certainly think that's the case. the president doesn't seem to be saying that. but, yeah, that's such an extraordinary step to have to take, such an unusual investigation, if you're going to subpoena a president then absolutely the attorney general would need to approve that. i think it's quite clear that whitaker would not approve that. what's fascinating about that, jim, in many ways the special counsel operates as a miniature justice ...

Ruled that that should be overturned. but once the state ask to appeal the conviction, it stays the proceeding. >> this is devastating news for a prosecutor who fought and worked hard to put this man away. having to deal with it all over again. they want to fight this decision to start with. they don't have to retry him. what are the odds that this decision to do away with his trial conviction could be reversed itself? >> i would tell you the odds are very slight that this won't be upheld. first of all, judge bishop has retired as an aappellate court judge. it's a well-reasoned opinion. thes t...